Madras HC directs registry to list drug 'kingpin' Jaffer Sadiq's plea challenging his remand

CHENNAI: The Madras High Court on Tuesday directed the registry to list the petition of alleged drug kingpin Jaffer Sadiq challenging the remand order issued by a lower court in a money laundering case.

A division bench of Justice SM Subramaniam and Justice V Sivagnanam heard the plea of Jaffer seeking to set aside the remand order issued by the principal sessions court in Chennai on July 15.

Advocate KM Kalicharan representing the petitioner submitted that since his client was released on bail from the Narcotic Drugs and Psychotropic Substances (NDPS) Act case, his custody under the prisoner in transit (PT) warrant is illegal.

He also submitted that his client was granted bail on July 10 but the Tihar central prison authority took him under custody while he was on bail and produced before the sessions court on July 15, which is against law, he said.

Further, the remand order issued against Jaffer by the sessions court in the Prevention of Money Laundering Act (PMLA) case registered by the Directorate of Enforcement (ED) is also illegal, said the advocate.

N Ramesh, special public prosecutor for ED, submitted that the investigation agency had formally arrested Jaffer on June 26 in the PMLA case, hence the contention of the petitioner that he was released on bail cannot be sustained.

He also submitted that the ED did not take Jaffer's custody and that he was produced before the sessions court by the Tihar prison authority, hence they are the party concerned to answer the legal question raised by the petitioner, he said.

The petitioner's advocate submitted that he had also impleaded the Tihar prison authority in the case and sought to list the plea.

After the submissions, the bench directed to list the petition for admission along with the habeas corpus petition moved by Jaffer's father.